ravisharma 16 October 2017

incorrect information

I am stuck into a partition suit since 2006. In 2008 we demolished our property and made apartments. In 2009 after my father's death the opposite party ammended the suit where he mentioned details of our old house which we demolished long back in its first paragraph. Now to my understanding he asked for partition of our old house which is non existent and new construction has been done. Under what section can I file application to protest. Does it come under 7/11 or evidence/criminal act.

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manoj 17 October 2017

you can ask the court for rejection of plaint as when he amended the plaint asking for parition in old house, the court cannot partition which is already demolished. Appoint an commisssioner and bring the facts before the court and ask for the rejection of plaint. The supreme court observed that when it is barred under any Law or when there is no cause of action the plaint must be rejected.

manoj

advocate

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P. Venu (Advocate) 17 October 2017

Who is the opposite party?

wenike 17 October 2017

I think i am :P Why?

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ravisharma 17 October 2017

@P Venu:- Sir, the opposite party is my brother's wife. I want to know what is the nature of severity of repeating the same details of the house which was written in old plaint but the house has been demolished couple of years ago befor filing of ammended suit. Can a court overlook this considering "typing error" or minor mistake or is it an offence under any law.

@wenike:- Spam/offensive post